Bail granted due to hostile witness and prolonged detention, balancing liberty interests against prosecution.

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE st ON THE 1 OF SEPTEMBER, 2025 MISC. CRIMINAL CASE No. 39225 of 2025 BALWANT BAGHEL Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Rajendra Singh Yadav - Advocate for applicant.

Shri Rajendra Singh Yadav - Public Prosecutor for respondent/State.

ORDER This is second bail application 483 of BNSS (439 of Cr.P.C.) filed by the applicant for grant of bail. His first bail application was dismissed as withdrawn vide order dated 16.04.2025 passed in M.Cr.C. No.15709/2025.

2. The applicant has been arrested on 01.09.2024 in connection with Crime No.82/2024 registered at Police Station- Mihona District Bhind for offence punishable under Sections 103(1), 3(5) of BNS Act.

3. The allegation of murder is alleged against present applicant.

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is further submitted that sole eyewitness in the case, Upendra Singh (PW-2) in his statement recorded before the Court on 23.07.2025 has not supported the case of prosecution and has turned hostile. It is further submitted that the co-accused Hanuman Baghel has been extended benefit of bail by this Court vide order dated 14.08.2025 passed in M.Cr.C. No. 31076/2025 and co-accused Deepak has been extended benefit of bail by the trial court vide order dated 20.08.2025 passed in B.A. No.510/2025. It is Signature Not Verified Signed by: YOGENDRA also argued that the trial will take time for its conclusion and there is no likelihood of the applicant tampering with evidence or influencing witnesses, and that he undertakes to abide by any condition imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made out.

5. Learned counsel for the State vehemently opposed the application and prayed for its rejection, however, he does not dispute the fact that the sole eyewitness Upendera Singh (PW-2) has turned hostile and the co-accused has been granted bail.

6. Heard counsel for the parties and perused the record.

7. Considering the overall facts and circumstances of the case coupled with the fact that the sole eyewitness Upendra Singh has turned hostile and the trial is not likely to conclude in near future and prolonged pre- trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

7. Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court/committal Court for their appearance on the dates given by the concerned Court.

8. This order will remain operative subject to compliance of the following conditions by the applicant:-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be; 3. The applicant will not indulge himself in extending inducement, threat or Signature Not Verified Signed by: YOGENDRA promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

5. The applicant will not seek unnecessary adjournments during the trial;

and

6. The applicant will not leave India without previous permission of the trial Cou